To the
Committee on Petitions
European Parliament
Members' Activities Division
L-2929 LUXEMBOURG

Petition 80/2002: Freedom of Information (FOI) in member
state Germany

This petition is about the Commissions plans for freedom of
information (also called right to know or public access to
official documents or administrative transparency) for member
states. I am a German citizens and my occupation is lecturer.

In environmental matters freedom of information is
implemented according to a EU directive (Council
Directive 90/313/EEC). This was adapted not 31.
December 1992 but nearly two years too late on 15. July 1994.
German bureaucracy tried to hinder Germans with help of high
costs to use freedom of information. The European commission won
(Case
C-217/97) at the European High Court to achieve that Germans
could benefit from freedom of information in environmental
subjects.

Based on a survey on trends of freedom
of information worldwide (ISBN 1 902598 44 X) the organization ARTICLE 19 concludes, that
this right is widely recognized as human right (Freedom
of Information: An Internationally protected Human Right by Toby MENDEL).
In Europe 5 countries are working with FOI pending bills, all the
other countries have FOI in the constitution and/or laws. If 4 of
these countries will approve FOI laws, Germany will be
the only country in Europe without Freedom of information.
Why should EU members be the last countries in Europe giving
freedom of information to people living there?

As a German citizen I complain that Germany has no freedom of
information, a Fundamental
Right of the EU Charter (Art.
42), an essential aspect of democracy (according to the
Ombudsman) and widely accepted human rights (according to ARTICLE
19) and a precondition of Freedom of opinion (according to
UNHCR-Special Rapporteur). Therefore I am discriminated, without
the human right of freedom of information, a "second
class" citizen compared to other EU citizens and people
living in candidate states applying for EU membership. If EU
citizens move to Germany they will lack Freedom of information
for the state where they are living. Germany would have to adopt
freedom of information first if it would want to get goodwill for
a membership application now.

I refer to the "European Parliament resolution on the situation as
regards fundamental rights in the European Union (2000)
(2000/2231(INI))" document A5-0223/2001. Point 3 "Notes that it is the particular
responsibility of the European Parliament (by virtue of the role
conferred on it under the new Article 7(1) of the Treaty of Nice)
and of its appropriate committee to ensure (in cooperation with
the national parliaments and the parliaments of the candidate
countries) that both the EU institutions and the Member States
uphold the rights set out in the various Chapters of the
Charter" and
point 8: "Recommends that the report on respect for
fundamental rights in the EU be incorporated into the warning
mechanism provided for in Articles 6 and 7 of the Treaty on
European Union in accordance with the following principles".

(Added 2.1.2003: This report says:
"With regard to freedom of information and, more
specifically, right of access to documents, the national law of
all 15 Member States includes provisions on access to the files
held by the administration (constitutional provisions,
administrative laws,)." This is wrong: The mentioned
law of "the Land of Brandebourg of 10 March 1998 on access
to documents and information." is only for 1 (Brandenburg)
of 16 Bundesländer and does not apply to national law.)

[Added 11.2.03: The German constitution protects the right to
freedom of expression and information in article 5. Unfortunately
the right to information is limited to "open sources"
("allgemein zugänglichen Quellen"). Therefore the
Constitutional Court (Verfassungsgericht) refused to process a
complaint: http://wkeim.bplaced.net/v-klage_en.htm. The
scientific work of Professor J. Wieland: "Freedom of
information" 28 shows that
the Germany law system is build on the principle of "dominance of official secrecy
(Amtsgeheimnis, which) has its roots in absolutism and
bureaucracy. Absolutism accepts the governor as a father-figure
in the role of a guardian". The highest Court in
Rheinland-Pfalz LG
Mainz (1 QS 25/98)29stated that the court can not give access to documents
(as human rights would demand), because it is the parliament,
which would have to give this right. This case is about access to
documents of an accused, but shows that human
rights in Germany need support.]

I complain that the Commission and Council failed to give all
Europeans at least a minimum of freedom of information in member
states and ask the European Parliament for support, according to
resolution A5-0223/2001.

28. August 2002: The
petition is admissible and concludes: Improving the
protection of the rights and interests of citizens of the
Member States of the Union is listed in Article 2 as an
objective of the Union. (see page 7/173 doc. A5-0318/2000)

Support Freedom of Information by
E-Mail to the European Commission and Council with a copy to the
European Parliament.

Freedom
of information came 1766 to
Sweden, 1951
to Finland, 1966
to den USA and 1970 to
Norway. In 1981 the Council of Europe gave "Recommendation
No. R (81) 19" on the access to information held by
public authorities. Since then both EU and nearly all countries
in the EU and Europe adopted such laws. However citizen rights in
member states vary and there are no minimum standards. In order
to keep up with the international development freedom of
information should be strengthened in EU member states.